On November 8, 2016, Massachusetts voters passed Initiative Petition 15-37, The Regulation and Taxation of Marijuana Act. The Act: legalizes the possession of one (1) ounce or fewer of marijuana for people age twenty-one (21) and older and the personal possession of ten (10) ounces and not more than twelve (12) plants cultivated in a person’s primary residence for personal use; establishes a Cannabis Control Commission with the authority to license,… More

Exxon’s dispute with Massachusetts AG Maura Healey’s civil investigative demand related to Exxon’s knowledge of climate change both deepened and potentially widened in the last week.

First, on October 13, 2016 United States District Judge Ed Kinkeade handed down an order that will allow Exxon to conduct discovery on Healey’s motives for issuing the CID. The order stems from the AG’s argument, in moving to dismiss, that Exxon’s claim is improperly before the federal court in the Northern District of Texas pursuant to Younger v.…More

This week in the Northern District of Texas, U.S. District Judge Ed Kinkeade heard oral argument on Exxon Mobil’s motion for preliminary injunction against Massachusetts Attorney General Maura Healey’s civil investigative demand, issued to Exxon on April 19, 2016, which sought documents from Exxon related to its analysis of research efforts to study climate change. The argument followed two amicus briefs from state attorneys general across the country.

The Non-Profit Organizations/ Public Charities Division of the Office of the Attorney General (the “Division”) recently released helpful guidance regarding (i) good governance of charitable organization and (ii) the rules that apply to significant gifts between charities.

Governance Guidance

On May 25, 2016, the Division released a letter to the Board of Trustees of Suffolk University and its then-president Margaret McKenna. … More

Petitions filed by Glock, Inc. and Remington Arms Company, LLC in Suffolk Superior Court in recent months will test the validity of a number of legal arguments that may be relied upon to set aside or limit the scope of Attorney General civil investigative demands in the Commonwealth. As we noted in an earlier post, G. L. c. 93A, § 6(1), Massachusetts’ unfair and deceptive practices statute,… More

As we anticipated in an earlier post, the Massachusetts Supreme Judicial Court provided clear guidance on the appropriate time to challenge ballot initiatives in two July 6 decisions. The opinions, both authored by Chief Justice Gants, strongly urge plaintiffs to bring challenges to ballot initiatives by February 1 in election years.

In Dunn v. Attorney General, the plaintiffs contested the Attorney General’s certification of a petition that would make it unlawful for farms to knowingly confine certain farm animals in a cruel manner and for businesses to knowingly sell certain products from animals that have been so confined.… More

State AGs are once again taking a major partisan issue to the federal courts. On August 21, 2016, at the urging of the State AG of Texas, as well as the AGs or other representatives of ten other states, the United States District Court for the Northern District of Texas granted a preliminary injunction preventing nationwide implementation of guidance, issued under Title IX, by the Departments of Justice and Education regarding gender identity.… More

In the late evening on August 15, 2016, a 12-person jury in Norristown, Pennsylvania, unanimously convicted state Attorney General Kathleen Kane of two counts of felony perjury as well as a host of misdemeanor charges, including official oppression, obstruction, false swearing and conspiracy. Kane faces a maximum sentence of 28 years in prison, although Pennsylvania’s sentencing guidelines recommend a more lenient sentence.

Prosecutors charged Kane based on allegations that she leaked secret grand jury documents related to a 2009 embezzlement probe to retaliate against former prosecutors she believed had embarrassed her. … More

In a two-sentence per curiam order, Pennsylvania’s high court has denied Attorney General Kathleen Kane’s emergency application to postpone her impending criminal trial on charges of perjury, false swearing, obstruction and official oppression. On August 1st, Kane petitioned the court to dismiss the charges against her, arguing that the judge supervising the grand jury from Montgomery County had no authority to appoint a special prosecutor. Although Kane may ask the Court to reconsider its decision,… More

Non-competition agreements are common — and commonly litigated — throughout several fields, such as sales, technology, and medicine. Protection of trade secrets and the maintenance of long-term customer relationships are commonly cited as justifications for such agreements. In a lawsuit filed on June 8, 2016 in Illinois state court, Illinois AG Lisa Madigan alleged that, by signing non-competition agreements with sandwich makers and delivery persons,… More

Search

Blog Authors

Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security...More

Kevin Conroy is a partner in the firm's Administrative Law Department, where he maintains a regulatory and government investigations practice. He has considerable experience with state investigations concerning false claims, consumer protection and wage and hour issues...More

Dean Richlin has successfully represented Fortune 500 companies, as well leading companies and institutions in the fields of life sciences, health care and education. He has more than 30 years of experience, including 5 years as the First Assistant Attorney General for the Commonwealth of Massachusetts...More

Jesse Alderman concentrates his practice on complex environmental, real estate, infrastructure development, and state and municipal regulatory matters. Jesse has considerable experience in the Massachusetts Gaming Act and its regulations...More

Kelly Caiazzo is an Associate in the firm’s Administrative Law and Litigation Departments. She works on a variety of regulatory compliance and general litigation matters, particularly complex commercial disputes, government investigations and proceedings before administrative agencies...More

Jeremy Meisinger counsels public and private clients on a variety of regulatory and environmental questions in such contexts as energy, transportation, land use, and data privacy. He also maintains an active pro bono practice, assisting clients in bringing claims in federal court...More

Dan Procaccini’s litigation practice is focused on complex commercial disputes. While maintaining a broad practice, Dan has developed particular experience in the field of products liability and complex torts... More

About Us

Foley Hoag’s State Attorney General Investigations lawyers have the experience, the insight and the skill to guide your business through the considerable challenges of an AG investigation or enforcement action. More